[R.O. 2009 §1-1; Code 1975 §100.010]
This Code shall be known and may be cited as the "Code of Ordinances
of the City of Festus, Missouri" or simply as the "Festus City Code".
[R.O. 2009 §1-2]
In the construction of this Code and of all ordinances, the
following definitions and rules of construction shall be observed,
unless it shall be otherwise expressly provided in any Section or
ordinance, or unless inconsistent with the manifest intent of the
City Council, or unless the context clearly requires otherwise:
Includes certified mail carried by the United States Postal
Service or any parcel or letter carried by an overnight, express or
ground delivery service that allows a sender or recipient to electronically
track its location and provides a record of the signature of the recipient.
The word "City" means the City of Festus, Jefferson County,
Missouri, or the area within the territorial limits of the City of
Festus, Jefferson County, Missouri, and such territory outside of
the City over which the City has jurisdiction or control by virtue
of any constitutional or statutory provision.
The City Council of the City of Festus, Missouri.
The Code of Ordinances of Festus, Missouri.
The time within which an act is to be done shall be computed
by excluding the first (1st) and including the last day; and if the
last day is Sunday or a legal holiday, that shall be excluded.
Jefferson County in the State of Missouri.
Whenever a provision appears in this Code requiring the head
of a department of the City or some other City Officer to do some
act or make certain inspections, it may be construed to authorize
the head of the department to designate, delegate and authorize subordinates
to perform the required act or make the required inspections unless
the terms of the provision or Section designate otherwise.
When any subject matter, party or person is described or
referred to by words importing the masculine, females as well as males,
and associations and bodies corporate as well as individuals, shall
be deemed to be included.
Includes persons, firms, associations, corporations, clubs
and partnerships, whether acting by themselves or through a servant,
agent or employee.
The Mayor of the City of Festus.
A calendar month.
Whenever the name of an officer or department is given, it
shall be construed as though the words "of the City of Festus" were
added.
Words and phrases shall be taken in their plain or ordinary
and usual sense, but technical words and phrases having a peculiar
and appropriate meaning in law shall be understood according to their
technical import.
When any subject matter, party or person is described or
referred to by words importing the singular number, the plural and
separate matters and persons and bodies corporate shall be deemed
to be included.
Includes an affirmation in all cases in which, by law, an
affirmation may be substituted for an oath and in such cases the words "swear" and "sworn" shall be equivalent
to the words "affirm" and "affirmed".
"Or" may be read "and", and "and" may be read "or" if the
sense requires it.
The word "owner", applied to a building
or land, shall include any part owner, joint owner, tenant in common,
joint tenant or tenant by the entirety of the whole or a part of such
building or land.
Includes a corporation, limited liability company, firm,
partnership, joint venture, association, organization and any other
group acting as a unit as well as individuals. It shall also include
an executor, administrator, trustee, receiver or other representative
appointed according to law. Whenever the word "person" is used in any Section of this Code prescribing a penalty or fine
as to partnerships, joint ventures or associations, the word shall
include the partners, joint venturers or members thereof and as to
corporations and limited liability companies, the word shall include
the officers, agents or members thereof who are responsible for any
violation of such Section.
When used by way of reference to any Section of this Code,
the Section next preceding or next following that in which the reference
is made, unless some other Section is expressly designated in the
reference.
Place or places.
Includes real and personal property.
Any public way, park, cemetery, school yard, public building,
and any open space adjacent thereto.
The place adopted by a person as his/her place of habitation
and to which, whenever he/she is absent, he/she has the intention
of returning. When a person eats at one (1) place and sleeps at another,
the place where such person sleeps shall be deemed his/her residence.
The Revised Statutes of Missouri, as amended.
The City or corporate seal.
The portion of the street between the curb line and the adjacent
property line intended for the use of pedestrians.
The State of Missouri.
Includes any public way, highway, street, avenue, boulevard,
parkway, alley or other public thoroughfare and each of such words
shall include every other of them.
The word "tenant" or "occupant", applied to a building or land, shall include any person who occupies
the whole or a part of such building or land, whether alone or with
others.
Words used in the past or present tense include the future
as well as the past and present.
Seven (7) days.
Includes printing, lithographing, or other mode of representing
words and letters, but in all cases where the signature of any person
is required, the proper handwriting of the person, or his/her mark,
is intended.
A calendar year unless otherwise expressed, and is equivalent
to the words "year of our Lord".
All general provisions, terms, phrases and expressions contained
in this Code shall be liberally construed in order that the true intent
and meaning of the City Council may be fully accomplished.
[R.O. 2009 §1-3; Code 1975 §100.090]
In the interpretation and application of any of the provisions
of this Code, it shall be held to be the minimum requirements adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare. When any provision of the Code imposes greater
restrictions upon the subject matter than the general provisions imposed
by this Code, the provisions of the greater restriction or regulations
shall be deemed to be controlling.
[R.O. 2009 §1-4; Code 1975 §100.070]
The headings of the Chapters, Articles, Divisions and Sections,
as well as the history notes appearing in parentheses at the end of
each Section, are intended as guides and not as part of this Code
for purposes of interpretation or construction.
[R.O. 2009 §1-5]
Any reference in this Code to a Chapter, Article, Division or
Section number shall be construed as referring to such Chapter, Article,
Division or Section number of this Code, as amended, unless otherwise
specified.
[R.O. 2009 §1-6; Code 1975 §100.080]
Whenever reference is made to any law of the State, then, unless
otherwise provided, such reference shall be prospective.
At least three (3) copies of the published book shall be kept
on file in the office of the City Clerk and kept available for inspection
by the public at all reasonable business hours.
[R.O. 2009 §1-9]
No officer or employee of the City shall issue, mail or distribute
as a publication of the City to any officer, department or branch
of the City Government any book, pamphlet, leaflet, card, circular
or other printed matter purporting to contain excerpts or quotations
from this codification or purporting to give the law on any subject
to the public, either as a reprint of any ordinance or other legislative
enactment or as a digest, interpretation, resume, condensation or
explanation of the same without first submitting such book, pamphlet,
leaflet, card, circular or other printed matter or portion of the
same which purports to give the law to the City Clerk for examination
and approval as to form and as to whether or not the law is correctly
stated therein.
[R.O. 2009 §1-10]
Any printed copy of this Code containing a printed certificate
of the Mayor and the City Clerk as to the correctness of such codification
shall be received in evidence in any court for the purpose of proving
the ordinances therein contained and for the same purpose as the original
ordinances, minutes or journals would be received.
[R.O. 2009 §1-11]
Any and all additions and amendments to this Code, when passed
in such form as to indicate the intention of the City Council to make
the same a part hereof, shall be deemed to be incorporated in this
Code so that reference to the "Code of the City of Festus, Missouri"
shall be understood and intended to include such additions and amendments.
[R.O. 2009 §1-14; Code 1975 §100.020]
It shall be unlawful for any person in the City to change or
amend, by additions or deletions, any part or portion of this Code
or to insert or delete pages or portions thereof or to alter or tamper
with this Code in any manner whatsoever which will cause the law of
the City of Festus, Missouri, to be misrepresented thereby.
[R.O. 2009 §1-15; Code 1975 §100.040]
A.
Except
as hereinafter provided, whenever in this Code or in any other ordinance
or resolution of the City or in any rule, regulation or order promulgated
by any officer or agency of the City under authority duly vested in
him/her or it any act is prohibited or is made or declared to be unlawful
or an offense or an ordinance violation or the doing of any act is
required or the failure to do any act is declared to be unlawful or
an offense or an ordinance violation, where no specific penalty is
provided therefor, the violation of any such provision of such Code
or any other ordinance or resolution of the City or such rule, regulation
or order shall be punished by a fine not exceeding five hundred dollars
($500.00) or imprisonment for a term not exceeding three (3) months,
or by both such fine and imprisonment, as may be just for such offense,
recoverable with costs, together with judgment or imprisonment, until
the fine and costs are paid or satisfied; provided that whenever the
penalty for any offense is fixed by State Statute, then such offense
shall be punished by imposition of the penalty so fixed by Statute
and no other; except that imprisonment may be in the City Jail instead
of the County Jail.
B.
Except
where otherwise provided, every day any violation of such Code or
any other ordinance or resolution of the City or such rule, regulation
or order shall continue shall constitute a separate offense.
C.
In addition
to the penalty hereinabove provided, any condition caused or permitted
to exist in violation of any of the provisions of this Code or any
such ordinance shall be deemed a public nuisance and may be, by the
City, abated as provided by law and each day that such condition continues
shall be regarded as a new and separate offense.
[1]
State Law Reference — Limitation on penalty, §77.590,
RSMo.
[R.O. 2009 §1-16; Code 1975 §100.050]
If this City shall not be provided with a City prison or suitable
place of confinement, any person convicted of violating any of the
provisions of this Code or other ordinances of this City who shall
be sentenced to confinement in the City prison shall be committed
to the County Jail.
[R.O. 2009 §1-17; Code 1975 §100.100]
The Sections, paragraphs, sentences, clauses and phrases of
this Code are severable and if any phrase, clause, sentence, paragraph
or Section of this Code shall be declared unconstitutional by a court
of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, paragraphs and Sections of
this Code.
